


Adult Decisions

by Xythia



Series: Out of time [3]
Category: Captain America (Movies), Captain America - All Media Types, Marvel Cinematic Universe
Genre: Gen, Not A Fix-It, Not Steve Rogers Friendly, Post-Captain America: Civil War (Movie)
Language: English
Status: Completed
Published: 2017-01-15
Updated: 2017-01-18
Packaged: 2018-09-17 17:07:37
Rating: Teen And Up Audiences
Warnings: No Archive Warnings Apply
Chapters: 2
Words: 1,535
Publisher: archiveofourown.org
Story URL: https://archiveofourown.org/works/9334568
Author URL: https://archiveofourown.org/users/Xythia/pseuds/Xythia
Summary: If you act in the name of the people, be prepared to answer to them.





	1. Chapter 1

**Author's Note:**

> I'm neither a laywer, nor am I a USA citizen. My understanding about this system isn't perfect but I hope/think I have a rudimentary understanding. The marvel writers make me think mine is better than Rogers' and company. If I made some mistake (break the law -> be judged by a panel of people -> judge decides the punishment), feel free to point it out. Not beta read.
> 
> This is what I think/hope would realistically happen after they defeat (and survive) Thanos.

“This is ridiculous, this whole trial is a farce.” Barton threw up his hands in the air and snarled.

The lawyer leant back in his chair, his face a carefully calm mask. “Surely you can’t have expected to receive a blanket pardon because you saved the world?”

“Saved the world. Again.” Barton mumbled. “Stark is such a vengeful bastard.” 

The other four nodded grimly.

“This line of thought will not help you. None of you.” Stanton Hamilton IV of Hamilton, Hamilton and Shelby didn’t raise his voice to catch their attention, he deepened it. “My firm has been called to defend and represent this group in court. My junior partners alerted me to a gigantic roadblock and this is why I’m here today, speaking to you all instead of individually. Forget about Dr. Stark-“

Wilson jumped from his seat. “Yeah, no. Dr. Stark. You are biased, we want another lawyer!”

“My partners and I have been selected to represent you because, among other points, we are in no way beholden, connected or affiliated to Dr. Stark or Stark Industries. Are you questioning my integrity? It is my job to get the best possible outcome for you in court, no matter my personal opinion. You are free to ask for someone else, that is your right, but I have to warn you that you will not find anyone who has never heard the name Anthony Stark.”

“Sam, sit down again.” Rogers commanded. “I know you are disappointed, we all are but keep yourself in check. Mr. Hamilton is an upstanding man and will make our stance heard by the people.”

Wilson sat back down, his expression mulish. Barton reached out and patted him on the shoulder.

“Anthony Stark earned his titles. Doctor is one of them and the one most commonly used in formal settings. If you have to mention his name in court, and I strongly advice to not do so without outside prompt, it would look better and more respectful if you used it.”

“It’s because he’s petty that we’re here at all!” Maximoff looked as if she would begin to cry any moment. The other four looked at her in sympathy.

“You have been borne in a country that was in the middle of a civil war, so I give you the benefit of the thougth but that doesn’t excuse the rest of this group and I would have hoped that Mr. Wilson at least would have dispelled your notion that Dr. Stark is responsible for you being held accountable for your actions. This is exactly why my colleagues asked me to intervene. You are undermining your own case. The rules you broke, they are far older than Dr. Stark and since you are not above anyone else in this country you have to follow them and answer to the juridical system if you break them.” Hamilton’s fingers played a short staccato on the files in front of him.

“We had good reasons to break them.” Rogers stated with conviction. “The system is flawed and innocent people would have died if we hadn’t fought for them.”

Hamilton shook his head and took a deep breath. “Fine and good, that was your decision according to your convictions but you still broke the law and now it is the right of the people to hear your reasoning and then judge you guilty or not guilty for what you did. That is what a jury is, a selection of people. The very people you proclaim to defend.”

TBC


	2. Chapter 2

**Notes for the Chapter:**

> This doesn’t flow as well as the other pieces. Since all of my drabbles are more about finding an entertaining way to point at the plot holes and stupid motivations and character developments that exasperated me than spinning a convincing narrative, it will have to do. My not so good command of the language and me not being a lawyer didn't help.
> 
> About Bucky: It is my belief that in this conversation nearly all of what would come out of Rogers’ mouth would normally be about ‘saving his Bucky from the mean corrupt forces of evil’. It is out of character for him to not focus on his friend but since one of the main problems I have with the movie is that the main conflict doesn't make any sense I ignored that.

“We were in the right, we were fighting against a corrupt system!”

Rogers again. Hamilton sighed. It was high time to take the gloves off. “Governments are prone to be self-serving . So what. It’s not a secret. This universal truth won’t win you any points, so please erase every mention of ‘fighting against corruption by way of bashing in heads’ from your reasoning. Posturing won’t impress anyone when weighted against the damages and injuries you caused.” The lawyer shrugged, unconcerned, which did nothing for the scowl on the super soldier’s face. He eyed the little group thoughtfully. “Have you ever heard of the Nuernberg Trials, Mr. Rogers?”

Rogers nearly exploded in his chair with indignation. “Of course!”

Before the blond could start a tirade the older man cut him off. “Among other very important concepts it established on a global scale that following orders, against your better judgement or not, does not absolve you for the crimes you commit.”

Four of his clients were looking at him like he had grown a second head while Rogers nodded and beamed at him. “Exactly! I am very relieved that you are finally understanding how we were only doing what was best!”

“Ehm, Cap?” Sam Wilson wasn’t as enthused about the turn in the conversation as his leader.

“So, please tell me, Mr. Rogers, what were the morally offensive orders you disobeyed?” Hamilton mildly asked.

“They were going to use us as a strike force to further their own political agendas or prevent us from helping people in need. And they ordered Bucky shot!”

“But you started your rebellion, long before the incident at the airport in Germany, on account of the _possibility_ of being given morally questionable orders.” Hamilton knew not to touch the Bucky part of the answer, he had been forewarned.

There was no verbal reaction, but a lot of glaring at the floor.

“Have any of you read and understood the Sokovia Accords?”

Silence.

“And you think that 116 countries would ratify an accord that gave the United States of America the power to act against their own best national interests? It was about checks and balances. Newsflash, most of them despise us on principle. According to how you interpret the Accords, would General Ross be given blanket permission to topple, for example, a foreign government?”

Scott Lang squirmed in his seat. “Very unlikely?”

“Hah, as if Ross would care what someone says, he would just send us to do his dirty work!” Wanda added forcefully.

Hamilton smiled. “It would be against the rules, against your moral code and you would say NO.”

“Of course!” he got the answer unisono, followed by the proud smile of Steve Rogers.

Their lawyer wasn’t done though. “And you would have 116 potential allied governments who’d listen to you. Let me recap, and please excuse my simplifying a very complicated and multilayered accord: it is exceedingly unlikely that any signatory of the Accords would stand for any advantage one country might get by command over the Avengers. Additionally, and -please pay special attention to the next part- they also would have no interest in letting him abuse you for his own gain. They would have been on your side for refusing him. All you had to do, is say no, mean it, take precautions to get the information to the most sympathetic and powerful ears, probably suffer for your convictions until the law machinery  got in full swing  -and watch Ross hang himself with his own rope by proving that he abused his position. It would not have been easy but brains, not fists would have won you that fight.”

He leant forward, seeking eye-contact with every single one of his clients. “You played into his hands by rebelling against the law in general.”

“He put us into the RAFT!” Fat tears were running down Maximoffs’ cheeks. “That says everything, doesn’t it?!?”

Hamilton wasn’t moved, his caustic shoulder shrug made a repeat appearance. “What he did was against your Human Rigths. No trial, inhuman conditions- Nothing that would stop a man like Ross,  but something that is unlawful and not supported by the Accords for reasons I already outlined. You are not some faceless Guantanamo inmates. I won’t ask how exactly you managed a jailbreak, but I can tell you that someone brought your situation, with evidence of the conditions you were held in, to the attention of at least five of the signatories. You hadn’t signed which weakens your support but it doesn’t eradicate the interest of everyone to keep you neutral. And that was nearly a day before you escaped. Ross was on a tight schedule if he didn’t want his schemes aired to the public. Frankly? You did him a favor by disappearing. It made you convenient scapegoats.”

Barton was the only one who hadn’t lost the use of his tongue. “Hey, are you even on our side?!? You are our lawyer!”

“I am indeed but I’m not here to stroke your ego and pamper you. Since you see self-serving interest everywhere, maybe you will believe me this way: as your lawyer I want to win that trial, it wouldn’t look good for me and my practice to be seen as incompetent. For that reason alone I don’t want you to voice something damning when asked the wrong questions and dig yourself a deeper hole during your trial. I have to make you understand what rules you broke and why everyone is pissed at you before working on a tactic to defend you in court!”

He took a deep breath. “We wouldn’t be here if you had learned how to say no at the right time.”

The End

**Author's Note:**

> A two parter, a novel concept for me. In connection to a possible trial, it is my opinion that Rogers and his group have a huge problem with accountability and blame.


End file.
